Registering a trade mark may seem expensive, especially if you are just beginning your journey as a start-up or if you are a small business owner with lots of other expenditure outlays to take into consideration. Should you be reading this post, you are probably already conscious of the value of protecting your trade mark. If you’re not completely convinced, you can read much more about why you need to register your trade mark in this post: Do I require a trade mark?
No matter whether you self-file, work with an online service or engage Inventhelp Inventor, you need to pay fees towards the Trade Marks Office (also known as IP Australia), the federal government body that handles all intellectual property registrations in Australia. Should you make an effort to file your trade mark application yourself?
Everybody wants to spend less and there may be times where we feel we can cut corners or get things done cheaply in a way in which won’t adversely affect the results of whatever we are attempting to achieve. However, self-filing your trade mark does not always mean that you simply will save money or time.
Firstly, you will find currently 45 trade mark classes to select from. There could be adverse consequences when you purchase the incorrect or a lot of classes once you draft your very own trade mark application. Furthermore you risk paying a lot of money for the application, but if you make an effort to seek registration in a class that fails to actually reflect your business’s goods or services, you may not end up getting the security you need in the areas of goods or services that are most related to your small business. Likewise, if you choose a lot of classes you might buy something you do not really need.
You should weigh up several factors when deciding how you can file, such as the time it takes to make the application and complications or issues that could arise throughout the trade mark process. Although the filing process can be relatively straightforward to get a seasoned expert, it is far from simple and often requires consideration of the ‘bigger picture’. For example, did you know that you will find important ownership issues to think about, which cannot be corrected when you get it wrong during filing?
In the event you glance at the flowchart below, you will notice it is not only an instance of lodging a form and hey presto, here’s your registered trade mark. Is definitely an online service an improved option? Employing an online legal service might appear attractive as it is less expensive than utilizing a lawyer or an attorney. It may even seem to be a quicker option. Theoretically, it should help save you time on the trade mark search, along with a second list of eyes to check over your application may be beneficial. However, will you receive feedback and advice? In most cases, the reply is no. They are going to not evaluate the effectiveness of your trade mark nor provide information on other relevant issues like ownership considerations.
Better left to the professionals? Since the terms are frequently used interchangeably (specifically in popular culture), there might be some confusion involving the role of any “trade mark” Lawyer and just how that differs to a Trade Marks Attorney. Unlike attorneys, lawyers (or admitted solicitors) might be able to aid in litigation, negotiating settlements, drafting commercial agreements, conducting IP asset research and copyright.
In most cases a trade mark Lawyer will likely charge flat fee additional hourly fees or perhaps hourly fees (straight billable hours) to process a trade mark application. Charges may be impacted by the extensiveness from the search, and complications through the application process. Although some trade mark Lawyers may have experience conducting trade mark matters in Australia and elsewhere, it will always be not their sole focus plus they may not have specialist IP or trade marks qualifications.
Trade Marks Attorneys are highly specialised in providing trade mark services including preparing and filing trade mark applications, performing trade mark registrability searches, answering objections and preparing trade mark assignment and licensing agreements. These are very acquainted with the procedure and how the Trade Marks Office works, and will also discover whether your proposed mark will infringe another’s IP rights.
Another key distinction between trade mark Lawyers and Trade Marks Attorneys is that Market An Invention Idea are registered to practice with the Trans-Tasman IP Attorneys Board, where as a trade mark Lawyer will not be. Attorney firms are governed by a separate Professional Code of Conduct to solicitors, so that as professional advisors, are bound by Attorney client privilege.
A skilled Trade Marks Attorney offers you advice on your application and help guide your strategy. They can help you by gathering all the relevant information to satisfy all the requirements of the Trade Marks Office and can communicate with the Office on your behalf. An expert may also perform a more comprehensive search because most law and intellectual property firms subscribe to specialist search software that is more sophisticated than IP Australia’s free search tools.
Through the application process, you could receive adverse reports from your Trade Marks Office, or they could request further information. Trade mark professionals are very well versed in responding to objections and provides you with advice on the choices for proceeding. Online filing services may well not offer these services, as well as the Trade Marks Office cannot provide strategic advice or advise you regarding preparing a response to any objections raised. Conclusion: DIY is cheap but might not allow you to get the end result you want. Likewise with the online services. Hiring a professional might seem more expensive on the outset, but it is worth the cost.
Overall, it needs to be an issue of value instead of price. People with expertise and knowledge from the system, such as Inventhelp Product Development, have the benefit of years of preparing afhbnt mark applications, every day. They may have seen all the kinds of objections which come up and they are therefore more likely to draft the application in a way that objections are not raised. If objections are raised against the application, a trade mark professional will know the easiest way of trying to obtain registration of your mark. If you file yourself and after that your trade mark is unsuccessful, it may end up costing you much more than any initial savings. A devoted Attorney will provide you with expert advice and take you step-by-step through the procedure through to registration, and may also assist you with any enforcement concerns that may arise after registration.